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Kimuu v Allied East Africa Limited (Cause 2621 of 2014) [2022] KEELRC 4039 (KLR) (29 September 2022) (Judgment)

[2022] KEELRC 4039 (KLR) Employment & Labour Relations Court
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Court
Employment & Labour Relations Court
Case number
4039
Citation
[2022] KEELRC 4039 (KLR)
Decided
29 September 2022
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeEmployment DisputePostureEx parte hearingCoramJ. Rika
Holding

Termination was unfair, and the claimant is awarded 6 1/2 months' salary in compensation for unfair termination at Kshs. 150,000.

Facts

Claimant Joseph Maina Kimuu was employed by Allied East Africa Limited as a Machine Operator from September 23, 2013 to November 10, 2015. His last contract was terminated without valid reason or a disciplinary process.

Issues

  1. Unfair termination
  2. Compensation for unfair termination
  3. Notice and annual leave
  4. Public holidays

Reasoning

The court found that the claimant was allowed to continue working after the contractual period but was not advised on the reason for termination. There were no allegations or disciplinary hearing.

Outcome

Claimant wins

Orders

  • It is declared that termination was unfair.
  • The respondent shall pay the claimant 6 1/2 months' salary in compensation for unfair termination at Kshs. 150,000.
  • Notice at Kshs. 25,000.
  • Annual leave at Kshs. 75,000.
  • Public holidays at Kshs. 28,846.
  • Certificate of Service to issue.
  • Costs to the claimant.

Remedies

  • Compensation for unfair termination
  • Notice
  • Annual leave
  • Public holidays
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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